‘New Zealand’s constitution doesn’t just fail Māori, it fails us all.’
The idea that New Zealand’s constitution protects the rights of everyone is a fairytale, says legal scholar Claire Charters (Ngāti Whakaue, Tainui, Tūwharetoa, Ngāpuhi).
The Crown’s claim to sovereignty, Charters argues, met none of the legal tests that applied in 1840 under tikanga Māori, British law or international law. An illegal claim has produced an illegitimate state, and a constitution in which Parliament, the executive and the courts can each override Māori rights. Sovereignty makes the case for constitutional transformation, and sets out what it could look like.
What are BWB Texts?
BWB Texts are short books on big subjects for Aotearoa New Zealand.
With over 100 Texts available in print and digital formats, the BWB Texts series is one of the country’s most influential platforms for thoughtful discussion and critical ideas.
For help with your BWB Texts purchase, visit our Sales FAQs page or email us. The full series is also accessible online through the BWB Texts Collection, available via subscribing libraries (contact us for more information).
Love the series? Become a BWB Friend!